Epstein Data Wiki

Kelly Bovino

Properties2
tagsperson, us-v-maxwell, epstein-estate, trusts, sdny
aliasesKelly Bovino Umekubo, Kelly Bovino-Umekubo, Kelly Umekubo

14 min read

Also known asKelly Bovino-Umekubo; Kelly Umekubo12
Named inThe Jeffrey E. Epstein 2001 Trust Two, trust agreement of November 8, 2001, as the sole beneficiary on the grantor’s death3
TrustTrust Two created November 8, 2001; the beneficiary article as it stood from December 3, 2004 does not name her among the legatees whose names are legible; trust revoked October 24, 2012345
US v. MaxwellOn the defence witness list; served with a trial subpoena November 30, 2021, one day after the date it commanded her to appear; the government said it was “not clear that Bovino is under subpoena for the same reasons Robert Glassman has previously articulated”; did not appear; the defence application for an arrest warrant was withdrawn on December 17, 20216789
Counsel, defence’s information and belief, 2021Becky S. James, James & Associates10

Kelly Bovino, who appears in later material under the married name Kelly Umekubo, is named as the sole beneficiary of The Jeffrey E. Epstein 2001 Trust Two in the trust agreement Jeffrey Epstein executed on November 8, 2001.3 Twenty years later Ghislaine Maxwell’s defence placed her on its witness list at the federal criminal trial in Manhattan, served her with a subpoena, and, on counsel’s sworn statement that she had not appeared and had not responded to their attempts to reach her, asked the court to have her arrested; the application was withdrawn the same day it was made.7108 Personal emails between her and Epstein are among the released documents.1112 A search of the released files under the variants Kelly Bovino, Kelly Bovino-Umekubo, Kelly Umekubo, Kelly Bovino Umekubo and Bovino/Kelly found no statement by her on any of these matters.

The Jeffrey E. Epstein 2001 Trust Two

Epstein executed two trust agreements on November 8, 2001, each between himself as grantor and himself and Jeffrey A. Schantz as trustees.133 Article FIRST (b) of Trust Two directs that on the grantor’s death the remaining income and principal be distributed “to the following persons the sums or percentages set forth after their names if they are living at the death of the Grantor: KELLY BOVINO — 100%”.3 Trust One, signed the same day, directs that on the grantor’s death ten million dollars be distributed to the trustees of Trust Two and ten million dollars to Epstein’s brother, Mark Lawrence Epstein.13 A second amendment to Trust One raised the sum going to Trust Two to twenty million dollars.14 Neither instrument states what property the trusts held at the time, and the schedules are not part of the released copies.133

Trust Two was amended and restated on March 8, 2002 and amended again on January 13, 2004; a search of the released files under the same variants found neither instrument.4 The earliest later instrument that sets out the beneficiaries is the second amendment to the restated trust, which Epstein executed on December 3, 2004 before the notary Lauren J. Kwintner.4 It deletes Article FIRST and substitutes a new one setting out eight fixed legacies and a residuary clause leaving the balance to Epstein’s estate; among the legacies whose beneficiaries are printed in the clear are two million dollars to Jean Luc Brunel and one million to Lesley Katherine Groff; six of the eight are blacked out.4 Her name does not appear among the legatees whose names are legible.4 A third amendment, executed September 5, 2007, doubled the two largest legacies and again does not name her among the legible legatees; seven of the eight are blacked out. A fourth amendment changed the successor trustees, and a 2008 amendment substituted Lawrence Visoski for a redacted beneficiary.151617

On January 27, 2012 Epstein amended and restated Trust Two with Darren K. Indyke, Jes Staley and Andrew Farkas named as trustees; Indyke and Farkas executed it, Staley never did, and on October 24, 2012 Epstein revoked and terminated the trust and directed that all its assets be returned to him.5 A search of the released files under the same variants found no record of a payment or distribution to Bovino from the trust.

United States v. Maxwell

At Maxwell’s trial in the Southern District of New York the accuser known as Jane testified on cross-examination that she had told the government about other participants in group sexualised massages, among them a woman named Kelly whose surname she remembered and whom she described as a model older than herself.6 Defence counsel did not ask Jane for that surname, did not show her photographs, and Jane did not testify that the person she meant was Kelly Bovino.6

On December 15, 2021 the government moved to preclude testimony from three defence witnesses, Eva Dubin, Michelle Healy and Kelly Bovino, about whether they had taken part in sexualised massages with Jane, arguing that such testimony would contradict nothing Jane had actually said and would in any event be improper impeachment on a collateral matter.6 In the same letter the government wrote that “although Jane has previously told the Government that Kelly Bovino was involved in group sexualized encounters with her, she did not so testify under oath, and that fact was not put before the jury.”6 That sentence is the government’s account of what Jane said in an interview; it is not sworn testimony, and it was not before the jury.6 Maxwell’s counsel replied on December 16 that Bovino was the Kelly Jane had described, citing the government’s own interview notes, and that she would be called to contradict Jane’s account.18 The testimony the defence sought from her was a denial that she had participated in the massages.618 On the morning of December 17 Menninger told the court that it had ruled the previous night that the defence “would be permitted to put that testimony on.”8 Eva Andersson-Dubin and Michelle Healy testified for the defence on December 17, 2021.8

Bovino did not. The subpoena, issued by the Clerk of the Court in November 2021 at the request of Maxwell’s counsel Christian R. Everdell, was addressed to “Kelly Bovino-Umekubo” and commanded her to appear at the United States Courthouse at 40 Foley Square at 9:00 a.m. on November 29, 2021.1 On information and belief, the defence identified her attorney as Becky S. James of James & Associates in California.10 Maxwell’s attorney Laura A. Menninger swore an affidavit under the Material Witness Statute stating that “Kelly Bovino is a material witness in this case for the defense,” that she had been served with a trial subpoena issued by the court’s clerk on November 30, 2021, that she was “refusing to appear and testify as the subpoena commands,” and that the defence had made diligent efforts to reach her, to which she “has not responded.”7 On December 17 Menninger asked the court by letter motion to issue an arrest warrant under the Recalcitrant Witness Statute, 28 U.S.C. § 1826, and the Material Witness Statute, 18 U.S.C. § 3144, and to direct the U.S. Marshals to detain Bovino “until she is willing to give the testimony she has been ordered to provide.”10 A form of order granting that relief was filed with the motion as a proposed order.1920

The government opposed the same day. It said it was “not clear that Bovino is under subpoena for the same reasons Robert Glassman has previously articulated,” and noted in a footnote that the subpoena had been served on November 30, 2021 but required her to appear at 9:00 a.m. on November 29, which it called “an impossibility.”9 It argued that the defence had known the basis of her relevance since mid-October, had not subpoenaed her until November 30, and had not been in contact with her since; that “Bovino’s testimony is in no way vital”; and that the request amounted to directing the Marshals to arrest a witness in California, detain her, fly her across the country and possibly arrange counsel for her, for “a few minutes of testimony,” in the middle of a lengthy pandemic-era trial.9

A search of the released files for a signed order granting the motion found none. Later on December 17, as the evidence was closing, Judge Alison J. Nathan put on the record “the withdrawal of the request to issue an arrest warrant for the witness Kelly, who hasn’t responded to the subpoena,” and asked whether the application was withdrawn; Menninger answered, “Yes, your Honor,” and identified it as “the application to have the marshals arrest Kelly Bovino for nonappearance on her subpoena.”8 A search of the released files under the same variants found no response by Bovino, or by her counsel, to the subpoena, the affidavit or the government’s letter.

Correspondence with Epstein

A handful of email exchanges between Kelly Umekubo and Epstein’s personal account survive in the released material.112122232412

On the night of January 21, 2011 she sent Epstein two messages with photograph attachments, headed “My 1st” and “My 2nd”; he replied the following morning, “Amazing”.11 Hours later she forwarded him a listing for a collectibles sale at the former home of the RAND mathematician Melvin Dresher, adding: “I saw this and thought of you again today … It was nice to hear your voice today sounding so happy. Happy Birthday J”.21

On August 24, 2013 she forwarded him a press release about a family member and wrote: “I thought of you and how your generosity helped make this happen … I hope you are having fun somewhere and know that I always will be grateful.”22 The email does not say what the generosity was, and nothing in the released material identifies it.22 Epstein replied, “great , thanks”.22 On August 12, 2014 he wrote to her asking for that relative’s contact details; she answered, “Of course:”, and the line that follows is redacted, then a joke.23 On September 13, 2014 he wrote to say he had had breakfast with that relative and that it had been “so much fun”.24 An exchange on October 10, 2018 opens with a photograph; Epstein wrote “when?”, she replied “When[=]I still looked ok,” and he wrote “i have no idea? how many years aglo”.12

Other appearances in the record

A transaction report of Shoppers Travel, Inc., entered as a defence exhibit at the Maxwell trial, lists invoices raised in the name “Bovino/Kelly” on October 13, 1999, twice on April 7, 2000, on May 5, 2000 and on April 27, 2001, in amounts from nothing to $3,019.10.25 The report runs from 1999 to 2006 and interleaves invoices in the names of Epstein, Ghislaine Maxwell and their staff; it does not otherwise identify the travellers.25

FedEx invoices billed to Epstein’s New York office record packages addressed to Kelly Bovino in October 2000, February, June and October 2001, and March and April 2002, most of them signed for at delivery in the name Bovino, or Umekubo after the marriage.2627282930 Named senders include Jeffrey Epstein and Lauren Kwintner, the notary public who acknowledged Epstein’s signature on the second and third amendments to Trust Two.29415 A March 2005 invoice records a package sent from Epstein’s New York apartment to “KELLY BOUINO UMEKUBO”, signed for on delivery.31

In a civil case brought against Darren K. Indyke and Richard D. Kahn as co-executors of Epstein’s estate, a plaintiff proceeding as Jane Doe answered an interrogatory asking her to identify people associated with Epstein with whom she had communicated by naming several of his employees and, at the end of the answer, stating that she “also believes she communicated with Kelly Bovino Umekubo” and one further person whose name is redacted, “concerning Decedent Epstein.”2 The response, signed by counsel on June 3, 2020, attributes nothing further to her.2

Footnotes

  1. Subpoena to testify at a hearing or trial in a criminal case, S2 20 Cr. 330 (AJN), Doc. 702-1. https://epstein-data.com/DOJ-OGR-00011201 p.1. ↩ ↩2

  2. Plaintiff’s response to first set of interrogatories propounded by defendants Darren K. Indyke and Richard D. Kahn, co-executors of the estate of Jeffrey E. Epstein, Doe v. Indyke, 1:20-cv-00484, dated June 3, 2020. https://epstein-data.com/DOJ-OGR-00015259 pp.3, 5. ↩ ↩2 ↩3

  3. The Jeffrey E. Epstein 2001 Trust Two, trust agreement dated November 8, 2001, Article FIRST. https://epstein-data.com/EFTA01266334 p.1. ↩ ↩2 ↩3 ↩4 ↩5 ↩6

  4. Second amendment to the restated trust, The Jeffrey E. Epstein 2001 Trust Two, executed December 3, 2004; the preamble records that the trust “was amended and restated on March 8, 2002 and was further amended on January 13, 2004.” https://epstein-data.com/EFTA01266346 pp.1–4. ↩ ↩2 ↩3 ↩4 ↩5 ↩6

  5. Revocation and termination of The Jeffrey E. Epstein 2001 Trust Two, dated October 24, 2012. https://epstein-data.com/EFTA01266357 pp.1–2. ↩ ↩2

  6. Government’s motion to preclude certain defence testimony, December 15, 2021, United States v. Maxwell, 20 Cr. 330, Doc. 706. https://epstein-data.com/DOJ-OGR-00011253 pp.1, 4–6. ↩ ↩2 ↩3 ↩4 ↩5 ↩6 ↩7

  7. Affidavit of Laura A. Menninger under 28 U.S.C. § 3144, December 17, 2021, Doc. 702-3. https://epstein-data.com/DOJ-OGR-00011203 pp.1–2. ↩ ↩2 ↩3

  8. Trial transcript, December 17, 2021, Doc. 763. https://epstein-data.com/DOJ-OGR-00016730 pp.2, 179, 196. ↩ ↩2 ↩3 ↩4 ↩5

  9. Government’s opposition to the motion for an arrest warrant, December 17, 2021, Doc. 713. https://epstein-data.com/DOJ-OGR-00011300 pp.1–3. ↩ ↩2 ↩3

  10. Letter motion of Laura A. Menninger to Judge Nathan for an arrest warrant, December 17, 2021, Doc. 702. https://epstein-data.com/DOJ-OGR-00011197 pp.1–4. ↩ ↩2 ↩3 ↩4

  11. Kelly Umekubo to Jeffrey Epstein, January 21, 2011, “My 1st” and “My 2nd”; Epstein’s reply of January 22, 2011. https://epstein-data.com/EFTA01798163 · https://epstein-data.com/EFTA01798194 · https://epstein-data.com/EFTA00679581. ↩ ↩2 ↩3

  12. Kelly Umekubo and Jeffrey Epstein, October 10, 2018, “Disneyworld.” https://epstein-data.com/EFTA02619353 · https://epstein-data.com/EFTA02619202 · https://epstein-data.com/EFTA02619042. ↩ ↩2 ↩3

  13. The Jeffrey E. Epstein 2001 Trust One, trust agreement dated November 8, 2001, Article FIRST II (a)–(b). https://epstein-data.com/EFTA01266298 p.6. ↩ ↩2 ↩3

  14. Second amendment to The Jeffrey E. Epstein 2001 Trust One, substituting a new Article FIRST, paragraph II, subparagraph (a). https://epstein-data.com/EFTA01266322 p.1. ↩

  15. Third amendment to the restated trust, executed September 5, 2007. https://epstein-data.com/EFTA01266350 pp.1–4. ↩ ↩2

  16. Fourth amendment to the restated trust, removing Henry Jarecki as successor co-trustee. https://epstein-data.com/EFTA01266354 p.1. ↩

  17. Amendment to the restated trust, executed 2008, substituting Lawrence Visoski under Article FIRST (b)(v). https://epstein-data.com/EFTA01266356 p.1. ↩

  18. Maxwell’s opposition to the government’s motion to preclude, December 16, 2021, Doc. 723. https://epstein-data.com/DOJ-OGR-00011363 pp.1, 9, 11. ↩ ↩2

  19. Proposed order filed with the letter motion, Doc. 702-4. https://epstein-data.com/DOJ-OGR-00011205 p.1. ↩

  20. SDNY docket sheet, entry 702, listing the attachments to the letter motion as ”# 1 Exhibit 1-Subpoena, # 2 Exhibit 2-Return of Service, # 3 Exhibit 3-Menninger Affidavit, # 4 Text of Proposed Order Proposed Order.” https://epstein-data.com/EFTA02844213 p.342. ↩

  21. Kelly Umekubo to Jeffrey Epstein, January 22, 2011, “Mathematician Melvin Dresher ??” https://epstein-data.com/EFTA02025181 pp.1–2. ↩ ↩2

  22. Kelly Umekubo to Jeffrey Epstein and his reply, August 24, 2013, “Real estate recovery vs. the Fed.” https://epstein-data.com/EFTA02574026 · https://epstein-data.com/EFTA00967879. ↩ ↩2 ↩3 ↩4

  23. Jeffrey Epstein to Kelly Umekubo and her reply, August 12, 2014. https://epstein-data.com/EFTA00995344 · https://epstein-data.com/EFTA00627132. ↩ ↩2

  24. Jeffrey Epstein to Kelly Umekubo, September 13, 2014. https://epstein-data.com/EFTA00996811. ↩ ↩2

  25. Shoppers Travel, Inc., “Find Report — All Transactions,” printed April 27, 2016, Defendant’s Exhibit RS-1-R in S2 20 Cr. 330 (AJN). https://epstein-data.com/DOJ-OGR-00015291 pp.9, 13, 16. ↩ ↩2

  26. FedEx invoice 5-632-20711, October 23, 2000, airbill 821569342755, delivered October 12, 2000. https://epstein-data.com/EFTA00219139 p.6. ↩

  27. FedEx invoice, tracking 825749812768, delivered February 15, 2001. https://epstein-data.com/EFTA00219348 p.4. ↩

  28. FedEx invoices 5-819-50703 of June 4, 2001 (delivered June 1) and tracking 790078505504 (delivered June 19, 2001). https://epstein-data.com/EFTA00219551 p.8 · https://epstein-data.com/EFTA00219626 p.5. ↩

  29. FedEx invoice, tracking 828694900330, sender Lauren Kwintner, delivered October 23, 2001. https://epstein-data.com/EFTA00219827 p.6. ↩ ↩2

  30. FedEx invoices, tracking 828694901153 (sender Lauren Kwintner, delivered March 21, 2002) and 828034210293 (delivered April 11, 2002). https://epstein-data.com/EFTA00217465 p.6 · https://epstein-data.com/EFTA00217535 p.8. ↩

  31. FedEx invoice 5-442-31459, March 28, 2005, delivered March 22, 2005. The tracking number’s eighth digit does not resolve at 900 dpi and is not reproduced. https://epstein-data.com/EFTA00218975 p.4. ↩

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